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(영문) 인천지방법원 2018.09.19 2018고단5559
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is a person who drives a Grand Star Cargo Vehicle.

On April 22, 2018, the Defendant driven the above vehicle on April 22, 2018, and driven the front three-lanes in front of the living science of Yeonsu-gu Incheon (Training Dong) according to the vision of Yeonsu-gu, Incheon, with three-lanes in the direction of the repair service distance from the direction of the repair service distance to the speed unspeeded speed.

Since a signal, etc. is installed, the driver of the motor vehicle has a duty of care to check whether the driver of the motor vehicle is engaged in driving on the right side and the driving of another motor vehicle by reducing the speed of the motor vehicle, and to prevent the accident by driving the motor vehicle safely in accordance with the signals indicating the traffic safety facilities.

그럼에도 피고인은 이를 게을리 한 채 만연히 신호를 위반한 채 직진 하다 마침 진행방향 우측 연수 4 단지 방향에서 수리봉사거리 방향으로 신호에 따라 좌회전하는 피해자 C(59 세) 이 운전하는 D K5 택시 운전석 앞부분 등을 위 피의 차량 조수석 앞부분 등으로 충격하여 피해차량이 튕겨 나가 우측에 주차된 차량과 부딪치게 하였다.

As a result, the Defendant suffered injury to the victim due to the occupational negligence as seen above, such as cutting down the frame of the part in which detailed specification of the chain frame requiring approximately 10 weeks of treatment is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on the occurrence of a traffic accident, report on the actual condition of the traffic accident, on-site photographs, and photographs of the damaged vehicle;

1. A photograph by cutting down the disaster image;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant legal provisions of the relevant criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act, Article 268 of the Criminal Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are as follows: the Defendant’s age, sex, environment, and motive, circumstance, and means of the instant crime.

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